Note: Prior ordinance history: Ords. 167, 170, 195, 204, 247 and 282.
For the purposes of this chapter, the words, terms, and phrases set forth in this section shall have the meanings herein set forth below unless the context clearly requires a different meaning.
"Acupressure"
refers to the practice of applying manual pressure over the body's acupuncture points.
"Applicant"
means a person, as defined in this section, applying for a license under this chapter as a massage establishment operator.
"California Massage Therapy Council"
means the State-organized non-profit organization created to regulate the massage industry as set forth in Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600, as amended). The California Massage Therapy Council may also be referred to herein as "CAMTC."
"Certified massage therapist"
means any person holding a current and valid state certificate issued by the CAMTC pursuant to California Business and Professions Code Section 4600 et seq., as amended.
"City Manager"
means the City Manager of the City of Lake Forest or his or her designee.
"Completed application"
means an application packet, in the form provided by the City, completed with all required information, including, but not limited to, all of the information required under Section 5.07.210(B) (Application for massage establishment license) or Section 5.07.215(B) (Renewal of massage establishment license) and proof that the applicant has been recently fingerprinted via Live Scan. The application shall be completed in the manner given, and not altered in any way by the applicant.
"Conviction" or "convicted"
means a guilty plea or verdict, or a conviction following a plea of nolo contendere, where the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, irrespective of an order granting probation following that conviction, suspending the imposition of sentence, or of a subsequent order under Section 1203.4 of the Penal Code allowing the applicant to withdraw his or her plea of guilty and to enter a plea of not guilty, or dismissing the accusation or information.
"Disqualifying conduct"
means the occurrence, by any person who establishes, maintains, administers, oversees, manages, operates, or works at the subject massage establishment, of any of the following events within 10 years immediately preceding the date of filing of the application in question or, in the case of revocation or suspension proceedings, within 10 years of the date of notice of hearing pursuant to Section 5.07.410 (Notice of revocation ):
1. 
A conviction in a court of competent jurisdiction of any of the following:
a. 
Any infraction, misdemeanor or felony offense that relates directly to the operation of a massage establishment or to the performance of a massage;
b. 
Any felony that occurred on the premises of a massage establishment;
c. 
A violation of any provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290, or conduct in violation of Penal Code Sections 266h, 266i, 314, 315, 316, 318, or subsections (a), (b) or (d) of Penal Code Section 647, or an attempt to commit or conspiracy to commit any of the above mentioned offenses, or any other crime involving dishonesty, fraud, deceit, or moral turpitude or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of Penal Code Section 415, 602 or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage establishment or the practice of massage;
d. 
Any crime specified in Government Code Section 51032;
e. 
A violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058;
f. 
Conspiracy or attempt to commit any of the aforesaid offenses;
g. 
Any lesser-included offense of any of the aforesaid offenses;
h. 
Any offense in a jurisdiction outside the State of California which is the equivalent of any of the aforesaid offenses.
2. 
For purposes of considering whether to renew or revoke a license, engaging in or committing any of the conduct described in California Penal Code Section 266h, 266i, 314, 315, 316, 318, subsections (a), (b) or (d) of Penal Code Section 647, or Government Code Section 51032.
3. 
The requirement to register under the provisions of California Penal Code Section 290.
4. 
Being subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Penal Code Sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of California.
5. 
Being subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to California Health and Safety Code Sections 11570 through 11587 or any similar provisions in a jurisdiction outside the State of California.
6. 
Being subject to the denial, non-renewal, suspension, or revocation of any license or permit issued by any State, County, City, or other local government within the United States for the operation of a massage establishment or for the performance of massages, except that denial of license or permit for the operation of a massage establishment shall not be considered if the sole basis for the denial was the prohibition of the use within the zoning or planning district in which the use was proposed to be located.
7. 
Touching the genitals, pubic regions, anuses, or female breasts below a point immediately above the top of the areolas, whether or not the same are covered, of oneself or of another person while providing massage services or while within view of a customer or patron of the massage establishment.
8. 
Exposing the genitals, pubic regions, anuses, or female breasts below a point immediately above the top of the areola of a customer or patron while providing massage services.
9. 
Exposing the genitals, pubic regions, anuses, or female breasts below a point immediately above the top of the areola of oneself or of another person to view while providing massage services or while within view of a customer or patron of the massage establishment.
Per Section 5.07.235 of this chapter, the owner, operator, and designated manager of the massage establishment shall also be responsible for the conduct of all employees and independent contractors while they are on the establishment premises.
"Employ"
includes contracting with independent contractors.
"Employee"
includes independent contractors.
"License"
means the license to operate a massage establishment.
"Licensee"
means a person who has been duly licensed by the City pursuant to this chapter as either a massage establishment owner or operator.
"Manager"
means a person who has been designated by an operator pursuant to Section 5.07.235 to be responsible for the operation of a licensed massage establishment.
"Massage"
means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations.
"Massage establishment"
means any establishment having a fixed place of business where any individual, person, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals that engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on for consideration, massages, baths, or health treatments involving massages or baths as regular functions. The term "massage" also includes the following acts, businesses, callings, or occupations:
1. 
Acupressure;
2. 
Anatomy care;
3. 
Body wrap;
4. 
Holistic health center or practitioner;
5. 
Holistic therapy;
6. 
Hydro therapy;
7. 
Public bath;
8. 
Sauna;
9. 
Sports massage;
10. 
Stress management center;
11. 
Toxic herbal massage; or
12. 
Massage parlor.
"Material misstatement"
means any untrue statement of a material fact in any application or report filed with the City Manager, or the omission of any material fact in any application or report.
"Operator"
means a person who has applied pursuant to Section 5.07.210 of this chapter, and who has been issued a license to operate a massage establishment pursuant to Section 5.07.220.
"Person"
means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.
"Public bath"
means any place where there is given steam baths; electric lights baths; electric tub baths; shower baths; sponge baths; sunbaths; mineral baths; mud baths; vapor baths; Russian, Swedish, or Turkish baths; or any other type of baths, fomentations, alcohol rubs or any other types of rubs; or giving salt glows or any type of therapy; any public bathing place which has in connection therewith a steam room, hot dry room, plunge, shower bath, or sleeping accommodations; or any public bathing place where there is communal bathing or communal use of spa or whirlpool facilities and a massage service is also performed.
"Sauna"
means an establishment or place primarily in the business of providing a steam bath or massage services.
"Stress management center'"
means to the degree that such business, calling, or occupation identified above involves any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or would otherwise constitute a "massage" as defined herein. Such businesses, callings, or occupations are not covered by this definition to the degree the same is done in conjunction with a licensed medical or health care practitioner or facility.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
A. 
Exemptions. This chapter shall not apply to the following classes of individuals, and the individuals shall be exempt from massage establishment requirements while engaged in the performance of the duties of their respective professions:
1. 
Physicians, surgeons, chiropractors, acupuncturists, or osteopaths ("professionals") duly licensed to practice their respective professions in the State of California under the provisions of the Business and Professions Code, while performing activities encompassed by such professional licenses; however:
a. 
Massage therapists are required to be certified by CAMTC,
b. 
If the professional's facility is used for the purposes of nonmedical massage, the facility itself must be licensed as a massage establishment pursuant to this chapter;
2. 
Registered nurses, licensed vocational nurses or physical therapists duly licensed to practice their professions in the State of California under the provisions of the Business and Professions Code, while performing activities encompassed by their respective licenses;
3. 
Other health care personnel engaged in the healing arts as regulated and licensed by Division 2 of the Business and Professions Code;
4. 
Barbers, cosmetologists, estheticians and manicurists duly licensed by the State of California while performing activities encompassed by their respective licenses, except that this exemption applies solely for the massaging of the neck, face and/or scalp of the customer or client of a barber, cosmetologist, or esthetician, or in the case of a licensed manicurist, the massaging of the forearms, hands, calves and/or feet; and
5. 
Coaches and trainers employed by accredited high schools, community colleges or universities while acting within the scope of their employment, as well as trainers of amateur, semi-professional or professional athletes or athletic teams while acting in that capacity.
B. 
Exception. Individuals administering massages or health treatment involving massage to persons participating in road races, track meets, triathlons, and similar athletic or recreational events shall be exempt from the provisions of this chapter, provided that all of the following conditions are met:
1. 
The massage services are made equally available to all participants in the event;
2. 
The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating corporations, students from the participating schools, members of participating organizations, etc.;
3. 
The massage services are provided at the site of the event and either during, immediately preceding, or immediately following the event;
4. 
The sponsors of the event have been advised of and have approved the provision of massage services; and
5. 
The persons providing the massage services are not the primary sponsors of the event.
C. 
The exemption for professionals shall only apply to the extent that the massages are administered for medical purposes. Professionals that administer nonmedical massages are subject to the licensing requirements of this chapter.
D. 
If any State-licensed professional, who is exempt under this section, violates any provision of this chapter, the City shall notify the State licensing body that licenses the professional in writing of the professional's Municipal Code violation.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
This chapter is intended to supplement State law. In the event of a conflict between this chapter and State law, the City shall give effect to State law.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
A. 
No massage regulated by this chapter shall be performed at a place or location other than at premises for which a valid massage establishment license has been obtained under this chapter, except in the following circumstances:
1. 
Massage may be performed at premises expressly exempted or excepted by Section 5.07.110 (Exemptions and exceptions) provided the massage is performed by a person exempt under Section 5.07.110(A) or (B).
2. 
A certified massage therapist may perform massages at a place or location other than at premises for which a valid massage establishment license has been obtained under this chapter, and other than as provided in subsection (A)(1) hereof, only when such massage is specifically prescribed in writing by a physician, surgeon, chiropractor, or osteopath duly licensed to practice in the State of California. No additional massage service shall be performed for any patron beyond that service which is specifically described in the writing whether or not such patron desires any additional service to be performed.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
Each massage establishment shall display its massage establishment license, as well as the individual CAMTC certificate and individual license of each certified massage therapist employed or performing massages at the establishment, in an open and conspicuous place that is visible upon first entering the premises.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019; Ord. 367, 2/6/2024)
An applicant for a massage establishment license under this chapter, whose application for such license has been denied, may not reapply for such license for a period of two years from the date such notice of denial was deposited in the mail or received by the applicant, whichever occurs first. However, a reapplication prior to the expiration of two years may be made if accompanied by evidence that the ground or grounds for denial of the application no longer exist, unless the basis for denial was disqualifying conduct.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
No refund or rebate of a license fee shall be allowed by reason of the fact that the licensee discontinues an activity for which a license is required pursuant to this chapter, or that the license is suspended, revoked, or not renewed.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
In addition to the punishment provided for in this chapter for a violation of any provision of this chapter, a violation of any provision hereof, including the failure to obtain a license, or the failure to abide by a condition of approval, constitutes a public nuisance and is subject to abatement as such. Said declaration and abatement of a public nuisance is in addition to and not in lieu of any other remedy or punishment provided at law or in equity. Notwithstanding the foregoing, a violation of any provision of this chapter may also be subject to any legally available criminal, civil or administrative remedy.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
A. 
It shall be unlawful for any person to own, operate, manage, engage in, conduct, or carry on, in or upon any premises within the City, a massage establishment without a massage establishment license obtained in accordance with this chapter, unless otherwise exempted in accordance with the provisions of this chapter.
B. 
A massage establishment license shall only be issued to the person signing the application, after compliance with the requirements of this chapter and all other applicable provisions of this Code, including, but not limited to, the payment of the appropriate application license fee and background investigation fee.
C. 
A separate license shall be obtained for each separate massage establishment owned, operated, or managed by such person.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
Any application for a massage establishment license shall be accompanied by a nonrefundable fee in an amount established by resolution of the City Council. The application fee shall be used to defray the costs of investigation, report, and related application processing issues. An additional background investigation fee, as set by the Orange County Sheriff's Department, shall also accompany any application.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
A. 
A completed application for a massage establishment license shall be filed with the City Manager. Incomplete applications shall be returned to the applicant until all the required information, as detailed herein, is provided in full to the City.
B. 
The completed application shall set forth the exact nature of the massage, bath or health treatments to be administered, the proposed place of business and facilities therefor, and the current and valid name and address of the applicant. The applicant shall also furnish the following information:
1. 
The previous addresses of applicant, if any, for a period of five years immediately prior to the date of the application and the dates of residence at each;
2. 
Written proof that the applicant is at least 18 years of age;
3. 
The history of the applicant as to the ownership, operation, or management of any massage establishment or similar business or occupation within five years immediately preceding the filing of the application. Such information shall include, but shall not be limited to, a statement as to whether or not such person, in previously owning, operating, or managing a massage establishment within this State under a permit or license, has had such permit or license revoked or suspended and the reasons therefor; and the business, activity or occupation the license applicant engaged in subsequent to such action of revocation or suspension;
4. 
All criminal convictions or offenses, including, but not limited to, those described in Section 5.07.100 (Definitions); whether the applicant is required to register under the provisions of California Penal Code Section 290; whether the applicant, including a corporation or partnership, or a former employer of the applicant while so employed, or a building in which the applicant was so employed or a business conducted, was ever subjected to an abatement proceeding under California Penal Code Sections 11225 through 11235, California Health and Safety Code Sections 11570 through 11587 or any similar provisions of law in a jurisdiction outside the State of California;
5. 
Applicant's gender, height, weight, and color of eyes and hair;
6. 
Two prints of a recent passport-size photograph of applicant;
7. 
Business, occupation, or employment history of the applicant for the five years immediately preceding the date of the application;
8. 
If the applicant is a corporation, limited liability company, limited liability partnership, general or limited partnership, or other form of business entity other than a sole proprietorship, the name of the business entity shall be set forth exactly as shown in its articles of incorporation or formation document, together with the names and residence addresses of each of its officers, directors, managing members, and/or general partners and each stockholder, member, or limited partner holding more than 5% of the stock of or interest in the business entity, along with the amount of stock or interest held. If one or more of the partners or members is a corporation, the information required herein for the applicant shall also be required for such partners or members. The application shall be signed by the individual who is and shall be responsible for all actions, omissions, and conduct of the applicant licensee;
9. 
The names of all persons currently employed or intended to be employed in the massage establishment, regardless of the nature of the employment, including a copy of the state certificate issued by the CAMTC for any certified massage therapist. "Employee" includes every owner, partner, manager, supervisor, and worker, whether paid or not, who renders personal services of any nature in the operation of a massage establishment;
10. 
The name of the person(s) designated or appointed as manager(s) of the establishment;
11. 
Such other information as may reasonably be deemed necessary by the City Manager or determined to be necessary by the Orange County Sheriff's Department to investigate the accuracy and veracity of the information required in the application;
12. 
If the applicant is not the owner of the property proposed as the location for the massage establishment, the applicant shall submit a statement (on a form provided by the City with the application) signed by the property owner, consenting to the operation of the massage establishment at the location by the applicant and a copy of any lease between the property owner and applicant for the subject property;
13. 
If the applicant is assuming control over an existing massage establishment, and the existing licensee will not be an owner or operator of the massage establishment for the entire term of the new license, then the new license shall not be issued unless and until the former massage establishment license has been surrendered and relinquished to the City;
14. 
A sketch or diagram (on a form provided by the City with the application) showing the complete interior configuration of the business, including without limitation, the location of the restrooms, massage rooms, customer areas, employee-only designated areas, and any facilities requirements as identified in Section 5.07.230, Massage establishment facilities and operations requirements. The form need not be professionally prepared, but must accurately depict all interior areas identified in this section and Section 5.07.230;
15. 
A statement in writing by the applicant that he or she certifies under penalty of perjury that the foregoing information contained in the application is true and correct, said statement being duly dated;
16. 
Authorization for the City, its employees and agents to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the application for the license. Upon receipt of a completed application, the City manager will cause the massage establishment's proposed site to be inspected for compliance with the requirements of this chapter and code. The City will not issue a massage establishment license unless and until inspection of the proposed place of business confirms that the facility complies with the requirements of this code and chapter;
17. 
A copy of each applicant's social security card;
18. 
A copy of each applicant's recently completed Service for Live Scan (on a form provided by City with application);
19. 
Acknowledgement in the application that the appointment of a manager by the applicant constitutes consent by the applicant for assumption of responsibility for all acts and conduct of the manager, including service of notices by the City.
C. 
Notwithstanding the fact that an application filed hereunder may be a "public record" under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or Social Security number, and/or personal financial data. The City Council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentiality, or security interests are protected. The City Clerk shall cause to be obliterated from any copy of a completed license application made available to any member of the public the information set forth above.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
A. 
Each massage establishment license shall expire after one calendar year from the date of issuance of the license unless renewed in accordance with this chapter.
B. 
The licensee requesting renewal of its massage establishment license shall file an application for renewal with the City Manager at least 90 calendar days prior to the scheduled expiration of the license. The renewal application shall provide all of the information required under Section 5.07.210 (Application for massage establishment license), and shall also: (1) state that the licensee is currently operating under a massage establishment license; (2) state the scheduled date for expiration of the license for which the licensee is seeking renewal; and (3) provide either a current copy of the lease agreement under which the licensee has operated the massage establishment or evidence that the licensee owns in fee the property at which the licensee operates the massage establishment.
C. 
Any application for renewal of a massage establishment license shall be accompanied by a renewal fee in an amount established by resolution of the City Council. The renewal fee shall be used to defray the costs of investigation, report, and related application processing issues. The application shall also be accompanied by a background investigation fee.
D. 
The City Manager shall review the application for renewal and approve or deny the application, pursuant to the criteria in and within the time provided in Section 5.07.220 (Approval or denial of massage establishment license), and shall either issue the renewed license or mail a written statement to the address indicated on the application via U.S. mail and certified mail return receipt requested, denying the license and stating the reasons therefor. The decision of the City Manager is final, unless the applicant files a written request for reconsideration with the City Manager, within 10 calendar days of the decision, requesting reconsideration. A license for which renewal has been denied shall be of no effect or validity after its scheduled expiration.
E. 
If criminal charges are pending against an applicant within a court or public agency, the conviction of which would result in the denial of the application, the City Manager shall suspend review of the application pending the final disposition of the criminal charges. The City Manager shall send written notice to the applicant notifying him or her that the review of their application is suspended pending the final disposition of the current criminal charges. The applicant shall then have the obligation of notifying the City Manager when a final decision is reached, and the outcome of the criminal matter is decided (i.e., conviction, dismissal, etc.). The application during the period of suspension shall be treated as if it were never submitted, and the 75 day review period shall be of no effect. Once the City Manager receives notice from the applicant of the final disposition of a criminal matter the City Manager shall resume their review of the application. The 75 day review period shall commence from the date that the City Manager receives notice of the final disposition of the criminal charges from the applicant. If an applicant fails to notify the City Manager of the final disposition of the criminal charges within 180 calendar days of the disposition, the application shall be deemed expired, and the applicant will be required to submit a new application.
F. 
If a license has not been renewed prior to the scheduled expiration of the license, the operator must immediately suspend all operations until the license has been renewed.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
A. 
Within 75 calendar days following receipt of a completed application, the City Manager shall either issue the license or mail a written statement to the address indicated on the application via U.S. mail and certified mail return receipt requested of the reasons for denial thereof, unless such period is continued for good cause as provided herein. The decision of the City Manager is final, subject to Section 5.07.225.
B. 
The City Manager may continue his/her determination to approve or deny a completed application for a period not to exceed 60 calendar days, in the event that the review of a completed application involves obtaining documents, records, or information from another governmental agency, including, but not limited to, the State of California or Department of Justice, and that agency cannot reasonably respond to the City Manager's request within the time required for the City Manager to complete his or her review of the completed application, or in the event that additional time is necessary to complete the identification of the applicant or persons to be employed by the massage establishment. In the event the City Manager determines to continue the application review period, written notice shall be mailed via U.S. mail to the applicant, at the address indicated on the application, stating the period of the continuance and the reasons therefor.
C. 
The City Manager shall deny a license to the license applicant where any of the following conditions exist:
1. 
The applicant has made one or more material misstatements in the completed application for a license; or
2. 
The applicant, if an individual; or the stockholders holding more than 5% of the stock of the corporation; the officers and directors and each of them if the applicant be a business entity; or the partners, including limited partners, and each of them, if the applicant be a partnership; the members, and each of them, holding more than 5% of the interest in the entity if the applicant is a limited liability company; the manager or other person principally in charge of the operation of the business, or any such individuals, is a person who has engaged in disqualifying conduct as described in Section 5.07.100 (Definitions) in the 10 years immediately preceding the date of the application; or
3. 
Any persons to be employed at the massage establishment are persons who have engaged in disqualifying conduct as described in Section 5.07.100 (Definitions) in the five years immediately preceding the date of the application; or
4. 
The massage establishment, as proposed by the applicant, if permitted, would not comply with all the applicable laws, including, but not limited to, all the City's building, fire, zoning, and health regulations; or
5. 
The applicant has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage establishments; or
6. 
The applicant is less than 18 years of age; or
7. 
The location of the proposed massage establishment in whole or in part has, within the two year period prior to the submittal of the application, been the site of:
a. 
Disqualifying conduct,
b. 
A place where violation of this chapter—or a violation of any similar criminal or civil ordinance, law, rule, or regulation of the State of California or any other public agency related to the operation of massage establishments—has occurred, or
c. 
A revocation pursuant to this chapter of a massage establishment license; or
8. 
The applicant has not otherwise complied with the applicable requirements of this chapter.
D. 
In no event shall the decision to grant or deny the license be based on information authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600 to 900.
E. 
If criminal charges are pending against an applicant within a court or public agency, the conviction of which would result in the denial of the application, the City Manager shall suspend review of the application pending the final disposition of the criminal charges. The City Manager shall send written notice to the applicant notifying him or her that the review of his or her application is suspended pending the final disposition of the current criminal charges. The applicant shall then have the obligation of notifying the City Manager when a final decision is reached, and the outcome of the criminal matter is decided (i.e., conviction, dismissal, etc.). During the period of suspension the application shall be treated as if it were never submitted, and the 75 day review period shall not commence or run during the period of suspension. Once the City Manager receives notice from the applicant of the final disposition of a criminal matter the City Manager shall resume his or her review of the application. The 75 day review period shall commence on the date that the City Manager receives notice of the final disposition of the criminal charges from the applicant. If an applicant fails to notify the City Manager of the final disposition of the criminal charges within 180 calendar days of the disposition, the application shall be deemed expired, and the applicant will be required to submit a new application.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
If the City Manager denies a massage establishment license as provided in Section 5.07.220) (Approval or denial of massage establishment license), then the decision shall be final, unless the applicant files a written request for reconsideration with the City Manager within 10 calendar days of the date of the City Manager's written notice of denial. Upon receipt of the written request, the City Manager shall reconsider the application together with any new records, documents, or information presented by the applicant, or discovered by the City, within the time and in the manner provided in Section 5.07.220 (Approval or denial of massage establishment license). The City Manager's decision on the reconsideration shall be final.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
All massage establishments shall comply with the following facilities and operations requirements:
A. 
All persons conducting a massage at a massage establishment, that are not specifically exempt under Section 5.07.110 of this chapter, shall have a valid and current state certificate issued by the CAMTC throughout their employment in the massage establishment;
B. 
Massage establishments shall comply with all applicable requirements of the building, fire, electrical, plumbing, and other such uniform codes adopted, as modified, by the City;
C. 
A minimum of one toilet and wash basin shall be provided in accordance with duly adopted City requirements;
D. 
Cabinets or other covered space shall be provided for the storage of clean linen. Safe and sanitary receptacles shall be provided for the storage of all soiled linen and paper towels;
E. 
Minimum ventilation shall be provided in accordance with the applicable building codes of the City;
F. 
All plumbing and electrical installations shall be installed under permit and inspection of the City's building inspection department and such installations shall be installed in accordance with the applicable provisions of the California Building Code, California Plumbing Code, California Fire Code and other applicable California or uniform codes as adopted, with modifications, by the City;
G. 
The walls in all rooms where water or steam baths are given shall have a washable, mold-resistant surface;
H. 
All lavatories or wash basins shall be provided with hot and cold running water, soap, and single service towels in wall-mounted dispensers;
I. 
All massage establishments shall be provided with clean and sanitary towels, sheets, and linens in sufficient quantity. Towels, sheets, and linens shall not be used by more than one person. Reuse of such linen is prohibited unless the same has first been laundered. Heavy white paper may be substituted for sheets, provided that such paper is used once for each person and then discarded into a sanitary receptacle;
J. 
All walls, ceilings, floors, pools, showers, bathtubs, steamrooms and all other physical facilities including appliances and apparatuses of the massage establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned and disinfected each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected after each use;
K. 
Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing any type of massage and said instruments shall be disinfected and sterilized after each use;
L. 
No massage establishment shall be equipped with any of the following improvements:
1. 
Tinted or "one-way" glass in any room or office, or
2. 
Door-viewer or peephole designed to look through a door wall; or
3. 
Locking mechanisms on any interior door that would impede inspection to massage treatment rooms, including, but not limited to, a locking mechanism on any treatment room door, unless there is no person on staff who is available to assure the security for clients and massage staff that are behind closed doors. For the purpose of this chapter, a staff member is available to assure the security of clients and massage staff when the massage establishment employs a receptionist or other person who is stationed in a public location outside of the massage treatment rooms; or
4. 
No windows into the lobby shall be covered or made opaque in any way, excepting during daylight hours, when blinds or other equivalent window coverings may be used. Daylight hours are defined as one hour after sunrise through one hour before sunset.
M. 
There shall be no display, storage, or use of any adult oriented material or sexually oriented merchandise, as defined in Code Section 5.10.012, on the premises of the massage establishment;
N. 
To assure patrons' health, safety, sanitation, and comfort, all employees, and certified massage therapists shall be clean and dressed appropriately in clean, opaque clothing which does not expose the female breasts, genitals, pubic regions, buttocks, or anuses when performing services upon the premises. Attire worn by all employees and certified massage therapists, while engaging in the practice of massage for compensation, or while visible to clients in the massage establishment, may not include the following:
1. 
Attire that is transparent, see-through, or substantially exposes the certified massage therapist's undergarments,
2. 
Swim attire, if not providing a water-based massage modality approved by CAMTC,
3. 
Attire that constitutes a violation of Section 314 of the Penal Code,
4. 
Attire that is otherwise deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California;
O. 
No employee of the massage establishment or any certified massage therapist shall expose any genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top of the areola to the view of a customer or patron of the massage establishment. All customers and patrons shall be appropriately draped with a clean, opaque towel sufficient to cover their genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top of the areola while receiving such services;
P. 
Each service offered, the price thereof, and the minimum length of time that such service will be performed shall be posted in a conspicuous public location in each massage establishment. All letters shall be capitals, and all letters and numbers shall be not less than one inch in height. No services shall be performed and no sums shall be charged for such services other than those posted;
Q. 
No massage practitioner, therapist or other person may, after the commencement of any service for any patron, advise, suggest or otherwise indicate to such patron that any additional service is available or ask or inquire of such patron whether such patron desires any additional service to be performed at that time, except with respect to services that are publicly posted. No massage practitioner or massage therapist may perform any service for any patron that was not ordered by such patron prior to the commencement of performance of any service requested;
R. 
Only the licensee, manager(s), employee(s), and certified massage therapists shall be allowed in the employee and therapist-only areas, as designated per Section 5.07.210;
S. 
No massage establishment shall be kept open for business or operated between the hours of 9:00 p.m. and 7:00 a.m.;
T. 
No alcoholic beverages or controlled substances shall be sold, served, furnished, kept, consumed, imbibed, or possessed on the premises of any massage establishment;
U. 
A sign, that is in compliance with the sign requirements of City ordinances, shall be posted at the main entrance to the premises identifying the establishment as a massage establishment;
V. 
The applicant shall notify the City in writing of the names and nature of the work of any new employees at least 10 calendar days prior to such employee commencing work at the massage establishment. If the new employee is to perform massage, then the applicant shall provide a copy of the employee's valid and current certified massage therapist certificate. "Employee" includes every owner, partner, manager, supervisor, independent contractor, and worker, whether paid or not, who renders personal services of any nature in the operation of a massage establishment;
W. 
The applicant shall notify the City in writing of the name of a newly designated or appointed manager at least 10 calendar days prior to such employee commencing work as the manager;
X. 
The operator or a manager of a massage establishment shall be present on the premises at all times when the establishment is open for business or in operation. The operator is at all times responsible for the operation of the premises in compliance with the terms and conditions of this chapter, whether he or she is actually present; and
Y. 
No massage establishment shall be located within a residential structure.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
The owner, operator, and designated manager shall be responsible for the conduct of all employees or independent contractors while they are on the establishment premises. In addition, the owner, operator and any designated manager shall be responsible for compliance with the terms of this chapter and for receipt of any notices served or delivered to the premises by the City. Any act or omission of any employee or independent contractor constituting a violation of the provisions of this chapter shall be deemed the act or omission of the owner, operator, and designated manager for purposes of determining whether the establishment license shall be revoked, suspended, denied or renewed.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
Each owner or operator of a massage establishment legally doing business on the effective date of this chapter shall apply for a massage establishment license not later than July 1, 2016. A written notice of this requirement will be delivered to the owner or operator by certified mail, postage prepaid, by the City. The massage establishment shall comply with all requirements which are prerequisites for issuance of a license before such a license will be issued.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
Any and all investigating officials of the City shall have the right to enter massage establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing, or health regulations, and to ascertain whether there is compliance with the provisions of this chapter.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
No person licensed to operate a massage establishment shall operate under any name or conduct business under any designation not specified in the license.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
Prior to any change of location of a licensed massage establishment, an application shall be made to the City Manager as provided in Section 5.07.210 (Application for massage establishment license), and such application shall be granted within the time stated therein, provided all applicable provisions of this chapter are complied with, and a change of location fee in an amount established by City Council Resolution to defray the costs of investigation and report has been paid to the City.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
A sale or transfer of any interest in a massage establishment, which interest would be reported as required in this chapter upon application for a massage establishment license, shall be reported to the City Manager within 30 calendar days prior to the closing of the sale or transfer. The City Manager shall investigate any person receiving any interest in a massage establishment as a result of such sale or transfer, and if such person satisfies the requirements relating to massage establishment license applicants, the existing license shall be endorsed to include such person. A fee as set forth by resolution of the City Council shall be paid to the City for the investigation by the City Manager necessitated by each such sale or transfer.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
A. 
Any license issued under this chapter may be revoked or suspended after notice as provided in Section 5.07.410 (Notice of revocation) and a hearing as provided in Section 5.07.420 (Hearing for revocation of license) where any of the grounds stated in this section are determined to exist.
B. 
A massage establishment licensee under this chapter whose license has been revoked or whose application for renewal of a license has been denied may not reapply for such license for a period of two years from the date of such revocation or denial.
C. 
A massage establishment license shall not be issued to any location where a massage establishment license has been denied or revoked for a period of two years from the date of such revocation or denial.
D. 
At such time as the City has reason to believe that grounds exist to revoke a license issued under this chapter, the City Manager shall cause an investigation of the licensee and/or massage establishment to be undertaken. If, based on the result of the investigation, the City Manager determines that grounds to revoke the license are present, then the City Manager shall commence proceedings to revoke or suspend the license by providing notice of the City's intent to revoke the license as required in Section 5.07.410 (Notice of revocation), and by scheduling a date for the revocation hearing with a Hearing Officer, which date shall not be less than 30 calendar days from and after the date the notice of intent to revoke the license is mailed.
E. 
The occurrence of any of the following are grounds for revocation of a license issued under this chapter:
1. 
The licensee has violated any provisions of this chapter, including, but not limited to, the requirement that the applicant or the applicant's designee be present at the premises at all times the massage establishment is in operation;
2. 
The licensee or any of the establishment managers or employees has engaged in disqualifying conduct as described in Section 5.07.100 (Definitions);
3. 
The licensee has made a material misstatement in the application for a license;
4. 
The licensee has engaged in fraud, made a misrepresentation, or made a false statement in conducting the massage establishment or in performing massage services;
5. 
The licensee has continued to operate the massage establishment after the license has been suspended;
6. 
The licensee has failed to comply with one or more of the facilities and operations requirements of Section 5.07.230 (Massage establishment facilities and operations requirements); or
7. 
The licensee has employed or otherwise allowed a person to work as a massage therapist at the massage establishment who:
a. 
Does not have a valid CAMTC certification, or
b. 
Has engaged in disqualifying conduct, as described in Section 5.07.100 (Definitions), at the massage establishment.
F. 
Where it is determined that the grounds to revoke a license exist, the City may suspend the license for a period of not less than 30 calendar days, but not more than 90 calendar days following the conclusion of the hearing, where the Hearing Officer has found the existence of mitigating circumstances, which, in the sole discretion of the City, renders suspension appropriate. Mitigating circumstances include, but are not limited to, the following:
1. 
The licensee or its manager or employees have not been found to have engaged in disqualifying conduct as defined in Section 5.07.100 (Definitions);
2. 
The violation committed by the licensee does not present an immediate threat or danger to the public health, safety, or welfare;
3. 
The licensee has not previously been cited for violations of this chapter or violations of the Code within the 10 years prior to the date of the hearing; and
4. 
The licensee has agreed in writing to take specific measures, as approved by the City, to cure or correct the violation within a period of not more than 15 calendar days.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
A. 
Notice of the City's intent to revoke a license and of the revocation hearing shall be provided in accordance with the provisions of this section.
B. 
Notice shall be delivered to the licensee, and other person(s) designated on the license, at the address(es) designated in the license, via U.S. mail and certified mail return receipt requested.
C. 
The notice shall be in writing and shall contain all of the following:
1. 
That the City intends to revoke the license;
2. 
The grounds for the revocation;
3. 
The date, time, and place of the revocation hearing;
4. 
That the licensee may appear, be heard, examine witnesses, and present evidence in the licensee's favor; and
5. 
That the licensee's failure to appear, be heard, and present evidence in the licensee's favor may result in the revocation of the license.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
A. 
Hearing Officer Assignment. The City Manager shall designate a Hearing Officer to preside over the revocation of massage establishment licenses. The Hearing Officer shall not be a City employee, and may, but need not be, a qualified attorney, qualified city manager or a hearing officer with the State Office of Administrative Hearings. The Hearing Officer shall be subject to disqualification for bias, prejudice, or material financial interest in the outcome, as provided in subsection C.
B. 
Scheduling of Hearing. The Hearing Officer shall conduct a hearing within 30 calendar days of the City's mailing of the notice required by Section 5.07.410 (Notice of revocation ).
C. 
Challenge to Hearing Officer. No later than five days after notice of the hearing date is sent to the appellant, the appellant may challenge the Hearing Officer's impartiality by filing a written statement with the City Manager objecting to the hearing before the Hearing Officer and setting forth the specific grounds for disqualification. General and unsupported claims of bias, prejudice, or material financial interest shall not form a basis for disqualification. The City Manager, or designee, shall issue and serve on the appellant a written decision on the question of disqualification prior to the date of the hearing specified in the notice of hearing.
D. 
Recording of Appeal Hearing. All hearings shall be recorded by a video or audio device. Any party to the appeal hearing may also, at his, her, or its own expense, use a court reporter to record the proceeding. If a court reporter is not used, the City will make the video or audio tapes of the hearing available to any party. The City may charge a reasonable fee for reproducing the tapes. If a court reporter is used, a party to the hearing may obtain a copy of the transcript upon payment of any applicable fees or costs charged by the court reporter. The City may destroy such tapes or transcripts following the time during which any and all appeals of the decision are required to be made pursuant to this chapter or following the time during which such tapes or transcripts are required to be retained by the City pursuant to State law, whichever is later.
E. 
Evidentiary Rules. The hearing need not be conducted in accordance with the technical rules of evidence. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross-examine opposing witnesses who have testified under direct examination. The Hearing Officer may call and examine any witness. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in a civil action. The rules of privilege are applicable to the extent they are permitted in civil actions. Any relevant evidence may be admitted if it is the type on which reasonable persons are accustomed to rely in the conduct of their affairs, regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Oral evidence may be taken on oath or affirmation. Irrelevant collateral, undue or repetitious evidence shall be excluded.
F. 
Hearing Officer Decision. At the conclusion of the hearing, the Hearing Officer shall decide whether grounds for revocation exist. Within 10 calendar days after the conclusion of the hearing, the Hearing Officer shall file with the City Manager, a written decision, supported by written findings based on the evidence submitted, and a statement of his or her order. A copy of such report shall be forwarded by certified mail, postage prepaid, to the licensee on the day it is filed with the City Manager. The order of the Hearing Officer shall become effective three calendar days after its mailing to the licensee, unless timely appealed as provided in this section.
G. 
In the event the Hearing Officer determines that the grounds for revocation exist, the City may request, at the conclusion of the hearing, that the Hearing Officer, based on the evidence submitted at the hearing, determine whether mitigating circumstances exist as provided under Section 5.07.400(E) (License suspension or revocation), and that the Hearing Officer recommend for or against suspension in lieu of revocation. In the event the Hearing Officer recommends suspension and the recommendation is accepted by the City, the Hearing Officer shall modify its order to require suspension. In the event the City rejects the recommendation of suspension, the Hearing Officer shall issue its order for revocation.
H. 
The decision of the Hearing Officer shall be appealable to the City Council by the filing of a written appeal with the City Clerk within 15 calendar days following the day of mailing of the Hearing Officer's decision and paying the fee for appeals provided under this Code. All such appeals shall be filed with the City Clerk and shall be public records. The City Council shall, at a regularly scheduled meeting within 30 calendar days from the date the written appeal was filed, independently review the entire record, including the transcript of the hearing and any oral or written arguments which may be offered to the City Council by the appellant and respondent. No additional testimony or other evidence shall be received or considered by the City Council. At the conclusion of the review, a majority of the City Council members present shall decide to sustain the decision, modify the decision, or order the decision stricken and issue such order as the City Council finds is supported by the entire record. The action of the City Council shall be final and conclusive and there shall be no additional right of appeal.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
In the event that a license is suspended, revoked, or not renewed, the licensee shall forward it to the City not later than the end of the third business day after notification of the suspension, revocation, or non-renewal.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)
It is unlawful and a misdemeanor for any person to violate any provision of this chapter and shall subject the violator to punishment in accordance with Section 1.01.200 et seq., of this Code.
(Ord. 323 § 3, 2019; Ord. 324 § 3, 2019)